48 U.S.C. § 2163

Reservation of territorial power to control territory and territorial instrumentalities

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Subject to the limitations set forth in subchapters I and II of this chapter, this subchapter does not limit or impair the power of a covered territory to control, by legislation or otherwise, the territory or any territorial instrumentality thereof in the exercise of the political or governmental powers of the territory or territorial instrumentality, including expenditures for such exercise, but whether or not a case has been or can be commenced under this subchapter—(1) a territory law prescribing a method of composition of indebtedness or a moratorium law, but solely to the extent that it prohibits the payment of principal or interest by an entity not described in section 109(b)(2) of title 11, may not bind any creditor of a covered territory or any covered territorial instrumentality thereof that does not consent to the composition or moratorium;(2) a judgment entered under a law described in paragraph (1) may not bind a creditor that does not consent to the composition; and(3) unlawful executive orders that alter, amend, or modify rights of holders of any debt of the territory or territorial instrumentality, or that divert funds from one territorial instrumentality to another or to the territory, shall be preempted by this chapter.(Pub. L. 114–187, title III, § 303, June 30, 2016, 130 Stat. 579.)Editorial NotesReferences in Text

This chapter, referred to in par. (3), was in the original “this Act”, meaning Pub. L. 114–187, June 30, 2016, 130 Stat. 549, known as the Puerto Rico Oversight, Management, and Economic Stability Act and also as PROMESA, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2101 of this title and Tables.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 2018–2021 · leading case: Méndez-Núñez v. Fin. Oversight & Mgmt. Bd. for P.R. (In re Fin. Oversight & Mgmt. Bd. for P.R.), 916 F.3d 98 (1st Cir. 2019).

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Méndez-Núñez v. Fin. Oversight & Mgmt. Bd. for P.R. (In re Fin. Oversight & Mgmt. Bd. for P.R.), 916 F.3d 98 (1st Cir. 2019). · cites it 2× “48 U.S.C. § 2163 . In addition to that exception, PROMESA's provisions preempt any inconsistent "general or specific provisions of territory law," including provisions of Puerto Rico's Constitution.”

Ambac Assurance Corp. v. Com. of Puerto Rico (In re Fin. Oversight & Mgmt. Bd. for Puerto Rico), 297 F. Supp. 3d 269 (2018). “48 U.S.C.S. § 2163 (3) (LexisNexis 2017).”

Rivera-Schatz v. Fin. Oversight & Mgmt. Bd. for P.R. (In re Fin. Oversight & Mgmt. Bd. for P.R.), 327 F. Supp. 3d 364 (2018). “" 48 U.S.C.A. § 2163 (West 2017). Section 202, which is within Title II, specifically empowers the Oversight Board to take the actions challenged here.”

Rivera-Schatz v. FOMB (1st Cir. 2019). “" 48 U.S.C. § 2163 . But this reservation of power is expressly "[s]ubject to the limitations set forth in [Titles] I and II of [PROMESA]," where §§ 201 and 202 appear.”

Assured Guar. Corp. v. Commonwealth of Puerto Rico (1st Cir. 2021). “See 48 U.S.C. § 2163 . 5 PROMESA Section 305 says that "unless the [FOMB] - 11 - P.”

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